§ 1252. Where the tenant holds for a fixed and limited period, or until a certain event occurs,2 the occurrence of the event or the passing of the time determines the lease, and the landlord may take possession of the premises without giving any notice to the tenant to quit.3 But if the tenant still continue to hold over after the end of the term, without any new agreement, the landlord may at his election treat him either as a trespasser or as a tenant holding under the terms of the original lease.1 Distraining for rent by the landlord after the expiration of the term is construed as an election to hold the lessee as his tenant.2 The tenant, in holding over, cannot deny his relation of tenancy without the assent of the landlord. And although, before the expiration of the term, he communicate to the landlord his determination not to keep the premises after the term, yet if he still hold over the possession the landlord may treat him as a a tenant.3 One tenant cannot, however, bind his co-tenant by holding over, without consent of the latter, but renders himself solely responsible for rent.4
1 Parker d. Walker v. Constable, 3 Wils. 25; Doe d. Shore v. Porter, 3 T. R. 13; Rex v. Inhab. of Stone, 6 T. R. 295.
2 Cobb p. Stokes, 8 East, 358; Messenger v. Armstrong, 1 T. R. 54; Lesley v. Randolph, 4 Rawle, 126; Doe d. Waithman v. Miles, 1 Stark. 181.
3 Overdeer v. Lewis, 1 Watts & Serg. 90; Hollis v. Pool, 3 Met. 350; Reed v. Reed, 48 Me. 388.